Bombay High Court
Datta Eknath Manwatkar vs The Special Land Acquisition Officer, ... on 12 August, 2025
2025:BHC-AUG:21785
-1-
FA-4285-2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 4285 OF 2022
Datta Eknath Manwatkar, }
Age : 34 years, Occu. : Agri., }
R/o. Raniwahegaon, Tq. Partur, }
Dist. Jalna. } ... Appellant
(Orig. Complainant)
Versus
1. The Special Land Acquisition, }
Officer, M.I.W., Jalna. }
2. The State of Maharashtra, }
Through the Collector, Jalna. }
3. The Executive Engineer, }
Lower Dudhana Project Division, }
Selu, Dist. Parbhani. }
Since, this department is Abolished - }
at present Jalna Irrigation Department, }
Jalna, Office at Motibagh, Jalna, }
Tq. & Dist. Jalna. } ... Respondents
......
Mr.Deepak M. Kakade, Advocate for Appellant.
Mr. N. D. Batule, AGP for Respondent Nos.1 and 2.
Mr. A. N. Gaddime, Advocate for Respondent No.3.
......
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 30 JULY 2025
PRONOUNCED ON : 12 AUGUST 2025
ORDER :
1. Heard finally with the consent of both the sides at admission
stage.
FA-4285-2022
2. Present appeal is directed against the impugned judgment and
award passed by the reference Court in reference proceedings.
3. Heard Mr. Deepak M. Kakade, learned counsel for the appellant.
Mr. N. D. Batule, learned AGP for respondent nos. 1 and 2. Mr. A. N.
Gaddime, learned counsel for respondent no.3.
4. Mr. Kakade, learned counsel for the appellant seeks leave to place
on record the copy of order passed by this Court in First Appeal
no.2767/2018 with connected matters, copy of judgment passed by the
reference Court in L.A.R. no.718/2010, copy of judgment delivered in
L.A.R. no.59/2002, copy of judgment delivered in L.A.R. No.937/2010
and the copy of judgment delivered in L.A.R. no. 59/2002 by the
reference Court and the copy of order passed by this Court in civil
application no. 7609/2015 in First Appeal (stamp) no. 17242/2014.
5. Leave granted. The copies as referred above are taken on record
and marked 'X' collectively for identification.
6. It is submitted by Mr. Kakade, learned counsel for the appellant
that First Appeal no. 2767/2018 arising out of same project, same group
and notification is settled between the parties before the Lok Adalat held
on 14.12.2019. He also invited my attention to the order passed by
this Court (Coram : P.R. Bora, J.) in Civil Application No.7609/2015
FA-4285-2022
in First Appeal (stamp) no. 17242/2014 dated 11.02.2019. He submitted
that the acquiring body / appellant has withdrawn the appeal by
accepting the rate of compensation, which are as under:
(i) Rs. 2,500/- per R for dry land.
(ii) Rs. 3,750/- per R for semi Bagayat land.
(iii) Rs. 5,000/- per R for Bagayat land.
(iv) Rs. 1,250/- for pot kharab land.
7. Mr. Kakade submitted that following First Appeals preferred by
the acquiring body are withdrawn.
Sr. Name of Parties LAR No. First appeal filed Status of first Rate
No. by acquiring body appeal confirmed per
R
1. Dattatray Umaji Bidve 718/2010 FA-2767/2018 Withdrawn Rs.2500/-
Vs. State of by acquiring per R
Maharashtra and body
others
2. Satyanarayan Umaji 937/2010 FA-2768/2018 Withdrawn Rs.2500/-
Bidve Vs. State of by acquiring per R
Maharashtra and body
others
3. Vaijinath Rangnath 59/2002 FA-17242/2014 Withdrawn Rs.2500/-
Manwatkar Vs. State of by acquiring per R
Maharashtra and body
others
8. Mr. Kakade submitted that this appeal can be disposed of in view
of the above factual scenario and the rate of compensation accepted by
the acquiring body.
FA-4285-2022
9. Mr. A. N. Gaddime, learned counsel for the acquiring body fairly
conceded this position and submitted that this appeal is arising out of
same notification and group. Mr. Batule, learned AGP for respondent nos.
1 and 2 / State also fairly conceded the same. It is rightly pointed out by
the learned counsel for the acquiring body that the reference Court has
committed an error in awarding the interest under sections 28 and 34 of
the Land Acquisition Act, 1894. It is pointed out that the reference Court
ought to have awarded interest from the date of award in view of full
bench judgment of this Court in case of The State of Maharashtra Vs.
Kailash Shiva Rangari, 2016 (4) ALL MR 513.
10. Having regard to the rate of compensation, which have been
accepted by the acquiring body in above referred matters, this appeal can
be disposed of on that basis. There is no need to discuss other grounds
raised in the appeal.
ORDER
(i) The appeal is partly allowed as under:
(a) The award passed in L.A.R. No. 54/2002 be
modified as per the rate of compensation accepted by the
acquiring body and discussed in para No.6 above.
(b) The claimant shall be entitled to get the interest
under Section 28 and 34 of the Land Acquisition Act, 1894
from the date of the award.
FA-4285-2022
(c) The claimant shall be entitled to get 12% interest
per annum as a special component from the date of
notification under Section 4(1) of the Act till the date of
passing of award i.e. 06.10.2009 under Section 23(1A) of
the Act.
(d) The claimant shall be entitled to get 30% solatium
on the difference of market value under Section 23(2) of
the Act.
(ii) The awards be modified accordingly.
(iii) No order as to costs.
(iv) R &P be sent back to the reference Court.
(v) The appeal is accordingly disposed of.
(ABHAY S. WAGHWASE, J.)
Tandale
